Terms & Conditions

We welcome our visitors to TORYKART.com and encourage them to have a great luxury shopping experience with us. However, if you continue to use and browse our website, you are completely agreeing to comply with various terms and conditions set by our company in the interests of both parties.

When you agree, you will be bound by the certain terms and conditions. These standard terms and conditions in combination with the privacy policy will govern your relationship with The TORYKART.COM. In case you disagree with any one or more of our terms and conditions, you may not use the website.

Your Use of The Website Implies That You Agree With The Terms of Use

General:

Use of the Website offered to you is conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by TORYKART.COM at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.

Please read carefully the entire General Terms and Conditions of Sale before placing your orders, as this is only a summary of the main terms and conditions of sale:

CUSTOMERS: only adults, consumers (any individual who is acting for purposes which are outside his or her trade, business or profession) resident in one of the State of India and Other Countries.

PRICE AND PRODUCTS IMAGES: prices are stated in INR and exclusive of VAT. Shipping and Delivery costs are excluded unless otherwise specified.

ORDERING PROCEDURE: to place an order for the purchase of one or more Products, you must fill in the online Order Form (to be considered as a contractual proposal) and confirm the order with all the correct and necessary information required to complete the order. The Order Form includes information on the ordered product, the relevant unit price, the methods of payment, the shipping terms and shipping costs. By submitting an Order Form, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale.

PROCESS OF THE ORDERS: upon submission of an Order Form, the TORYKART.COM shall email you a purchase order receipt or in the event orders cannot be processed the TORYKART.COM shall provide you with reasons thereof. Products will dispatch only upon receiving of the payment and provided effective payment of the purchase price within 30 days from receipt of the Order Form. Products belonging to different classes purchased through a single Order Form may be delivered on different time.

For any information you can also contact TORYKART.COM Customer Care by e-mail at the following address. Email: info@torykart.com

PRODUCTS INFORMATION:

The products available on the Website include Apparels, Footwear, Bags, Fashions Accessories, Decorative & Gifts and similar (the Products). You will find Products specifications and information in the product description on TORYKART.com Prices are stated in INR and exclusive of VAT. Shipping and delivery costs are excluded unless otherwise specified. TORYKART.COM may vary the prices listed on this Website. Please ensure that all pricing information on the Website is correct before placing an order.

ORDERING PROCEDURES

To place an order for the purchase of one or more Products on TORYKART.com, you must select the relevant Products, fill in the online order form (to be considered as a contractual proposal), including the selected Products, methods of payment and your personal data for the delivery (the Order Form). Then you must follow the relevant directions and confirm your order.

The Order Form is composed of a “personal detail” page including your address and additional personal information required for the delivery of the Products and of a second page in order to allow you to select the methods of payment. The Order Form also includes the main features of each Product ordered and the relevant unit price (exclusive of VAT), shipping terms and shipping costs.

Before submitting your Order Form for the purchase of Products, you will be asked to review the Order Form identify and correct possible input errors (and to print or save a copy of it) and also to carefully read and accept the General Terms and Conditions of Sale and the information notice for the process of your personal data.

The Order Form will be filed in our data base for the time required to process your order and as provided by law. You may access your Order Form on your personal page of the Website, section “my orders”.

An order shall be deemed submitted when TORYKART.COM receives and accepts your Order Form electronically and the order’s information has been verified as correct. TORYKART.COM may not process purchases when (a) there are not sufficient guarantees of solvency, or orders are incomplete or incorrect, and/or (b) the Products are no longer available. In the above cases, TORYKART.COM shall inform you by e-mail (in any case within thirty (30) days from the day after the TORYKART.COM has received your order) that the contract has not been executed and that the TORYKART.COM has not carried out your purchase order specifying the reasons thereof.

The contract shall be deemed as executed when TORYKART.COM send you a purchase order receipt e-mail, containing a summary of the information related to the Order Form (General Terms and Conditions of Sale, the Products’ main characteristics, detailed information on price, terms of payment, return policy and shipping costs).

We may not accept your order if (i) an item you have ordered is out of stock, (ii) we are unable to obtain authorisation for your payment or (iii) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.

If we are unable to complete your order, we will contact you by email or telephone advising you of this.

All new orders are deemed separate and each is treated individually.

We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we can’t supply any Item we will give you the credit note which will be valid for 365 days.

Payment:

Before submitting the Order Form you will be required to select one of the following methods of payment:

advanced wire transfer credited to TORYKART.COM

Online Payment

Credit and Debit Card (Master/Visa/Amex/Dinners/Maestro)

In case of advanced wire transfer the relevant banking account and details will be confirmed to you by e-mail with the purchase order receipt sent by TORYKART.COM. Please note that you must also send a copy of the bank receipt to an e-mail including the O.R.C. (i.e. the Operation Reference Code) toinfo@torykart.com in order to confirm the payment. The payment and the confirmation e-mail must be made within and no later than five (5) working days from the date in which you submitted the ordering document to TORYKART.COM. TORYKART.COM will not process orders in the event of payment or confirmations made after such term. Please ensure that the wire transfer includes all data required and that they are correct. Missing information may provoke delays in the processing operations of the orders and in the delivery of the Products.

In case of payment by Credit/Debit card (Visa and MasterCard) all financial details (i.e. credit card number and expiration date) will be sent by encrypted protocol to payment gateway without third parties having any access to that whatsoever. Such details will not be used by the TORYKART.COM except for performing the procedure relevant to your purchase.

By using this site you agree to comply with, and be bound by these Terms. We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.

TORYKART.COM shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.torykart.com to view the most current Terms of Use. Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

EMI Payment

Terms and conditions for EMI payments on www.TORYKART.com

For the purpose of these Terms and Conditions, the following terms and expressions shall have the following meanings:

“EMI” shall mean a product wherein the purchase(s) done at www.torykart.com is converted into Equal Monthly Instalments at the point of transaction at rate as communicated at the time of availing the product and as per guidelines of the respective Card Issuing Bank.

EMI option is available with HDFC Bank credit cards holder.

Customers who opt for EMI scheme at www.TORYKART.com will be charged monthly interest by their respective Card Issuing Bank as per their respective Interest Rates at the time of the transaction and Card issuing terms & conditions. The interest charges for different banks may be vary and as per their sole discreation and directives.

Above charges are exclusive of service tax .

The credit limit on the Credit Card shall be blocked to the extent of the full transaction amount. The credit limit will be released as and when the EMI is billed and paid for in subsequent months as per EMI plan

In case of any kind of refund in an EMI transaction, interest already billed in a particular transaction will not be refundable under any circumstances

In case of partial cancellation of EMI orders we will issue you a credit note valid for 365 days.

All prevailing cancellation/modification terms and conditions of TORYKART.COM and applicable fees would apply in case of any changes/cancellations to original transaction

Approval of EMI is at the sole discretion of the respective Card Issuing Bank. The EMI scheme is available for tenure of 3 months, 6 months, 9 months and 12 months only i.e. the purchase amount along with processing fee charges needs to be re-paid within the respective tenure opted for by the customer.

Any query/dispute with regards to the payment using the EMI option should be directed towards Card Issuing Bank only. TORYKART.COM shall not be liable for the same in any manner.

SERVICES: The Website is a platform that facilitates the online sale and purchase of branded merchandise and services offered by TORYKART.COM. The Services are offered to the Users through various modes which shall include issue of promotional codes and credit notes that can be redeemed for various products and collections. The purchase of products and services on the Website shall be governed by the “Terms of Offer For Sale”

User Account, Password, and Security

TORYKART.COM makes the Services available to You through the Website only if You have provided TORYKART.COM certain required User information and created an account (“Account”) through TORYKART.COM ID and password or other log-in ID and password, which can include a Gmail, Facebook or Yahoo ID or any other valid email ID (collectively, the “Account Information”). The Services may also be subject to procedures for use of the Website, Terms of Offer for Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

The Website requires you to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify TORYKART.COM of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session.

You may be held liable for losses incurred by TORYKART.COM or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.

The Website also allows restricted access to the Services for unregistered Users.

You shall ensure that the Account Information provided by you in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

Pricing Information:

When you order an Item from www.TORYKART.com you are offering to buy it for the price stated, subject to these Terms.

You will be guided through the process of placing an order by a series of instructions on the Website.

You place your order for Items from the Website by clicking on the [Confirm Order] button at the end of the on-line order process.

Once you have registered to our website we will send you the confirmation mail as a register user of TORYKART.COM, After that you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with the order number or a reference number along with the total value of your order that will be debited from your Credit/Debit Card/Net-Banking etc. Payment Gateway will also send you the acknowledgment copy of your transaction via Net Banking, Credit/Debit Card confirming that your payment successfully received or declined. You will also get an Electronic copy of your invoice via email. You will get an email enclosing Shipping Information with your Order Tracking number by the means of which you can track your order online on the website.

Prices for shipment to the India will be INR.

When you choose shipment to different states in India the subsequent state taxes will be applicable if required or necessary.

VAT: If you are in the INDIA and choose to have the goods shipped to the INDIA prices will be shown exclusive of VAT (where applicable). The subsequent State levies like Entry Tax/Orcroi or whatsoever name call will be charged extra and reflected in order form.

Shipping Charges within India will be dependent on your order value and weight of package

TORYKART.COM strives to provide you with the best prices possible on products and services you buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed.

Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability.

You may occasionally receive promotional codes from us, via e-mail or through promotional materials.

Promotional codes may be based on a minimum spend and will always exclude delivery charges (unless otherwise stated). You will be emailed codes to become eligible for any promotional discounts. Should you cancel or return items from an order where a promotional code has been used, no refunds, or credit notes will be issued of this order.

Each promotional code is unique to the recipient, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each code has an expiry date, which will be stated at the time of promotion or on accompanying promotional materials which cannot be modified, it is for online purchases only. Again, this will be stipulated at the time of promotion and on accompanying promotional materials.

On an order where an item exchange is requested, the new total value of the order (excluding delivery costs) must be equal to or higher than the monetary value of the original order. We will not be able to accept any exchanges for items of a lesser value.

Under no circumstances can the value of a promotional code be deducted from an order if that code is defective or out of date: no replacement codes will be issued.

Only one promotional code can be used per order.

Your credit card company may undertake an additional security check to confirm it is you making the order.

All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses, or subsequently refuses to, or does not, for any reason, authorize payment to us, we will not be liable for any delay or non-delivery.

We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you.

Risk in the Items will pass to you on delivery to you.

We convert from INR to pounds to dollars and euros using daily currency conversion rates from XE.com. However, the price displayed to you at the checkout is the price you pay. This will not vary later whatever currency fluctuations occur. Refunds will also be set at the original price you paid not the price in the currency concerned at the date of refund.

If the country of shipment is outside INDIA prices will be shown in USD, GBP & Euros exclusive of VAT and custom duty.

Customs and handling charges will not be refunded if the goods are returned

To help client’s approximate prices in their local currency, the web site has a currency converter feature. Please note this is for display purposes only and prices are calculated using regularly updated exchange rates. Final payment will be made in either INR, GBP (£), Euro (€) Or USD ($), as such final credit card and debited amounts may vary based on currency fluctuations and bank commissions.

Shipping:

Products will be despatched to the address specified in the Order Form only upon registration of the payment and provided effective payment of the purchase price. Delivery to PO boxes will not be allowed.

We ship our products all over the world. Delivery of Products in INDIA shall take place within Seven (7) working days from the date of despatch, excluding Sundays and holidays.

Please order from www.TORYKART.com with enough lead-time to prevent any loss or disappointment resulting from the delivery time as TORYKART.com cannot be responsible for this. If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.

As www.torykart.com online purchases may be delivered to addresses other than the billing address given by the card holder, for example as with the case of a gift being purchased and addressed to a friend, as a security precaution, an e-mail and a copy of the invoice will be sent to the card holders registered e-mail address and home address, and we will need a signature upon delivery for all goods shipped.

We aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. All purchases are insured by us while in transit until it is delivered to you. If you wish to track your parcel, please refer to the email you were sent containing your tracking number or alternatively email us atinfo@torykart.com and we will track your shipment for you.

If you decide to purchase products belonging to different classes by submitting to TORYKART.COM a single Order Form, you should be aware that each Product may be delivered to you on different time.

Currency: Your card will be charged in currency based on the place where the goods are to be shipped (eg a US customer asking for the goods to be sent to the USA will be charged in US dollars). We charge customers either in pounds sterling, euros or dollars depending on the country of shipment.

Prices are displayed to you when you enter the site in the currency we used for the country indicated by your computer’s IP address.

You may change the shipment country at any time and this will change the prices to the currency we use for that shipment country.

Returns:

You may return products purchased from TORYKART.com, without any penalty and within 10 (Ten) working days from the date of receipt of the Products purchased on TORYKART.com.

To return Products we invite you to send an e-mail toinfo@torykart.com before shipping your return package to us, in order to receive the return code. It is necessary to return the Products to us by giving back to the courier within 10 (Ten) working days from the date on which you have received the products.

Please note that you will be responsible for all returning costs and charges and also for all risks for loss or damages of the Products. The return right – besides compliance with the terms and procedures described at paragraph above – shall be deemed correctly exercised once the following conditions have been fully met:

fill in and submit the Return Form within 10 (Ten) working days from the receipt of the Products purchased on TORYKART.com with registered letter. The return right may be also exercised within the same time frame by sending an e-mail toinfo@torykart.com and confirmed by registered letter to be sent within the following forty eight (48) hours;

The Products must not have been used, worn, washed or damaged;

The identification tag must still be attached to the Products with the disposable seal;

The Products must be returned, complete and unused, in their original packaging;

Returned Products must be shipped back to the TORYKART.COM with a sole despatch within ten (10) working days from the date of receipt of the Products.

No return or exchange on sale products.

Cash on Delivery ( COD):

Fill in and submit the Return Form within 48 hour from the receipt of the Products purchased on TORYKART.com with registered letter addressed to TORYKART.COM. The return right may be also exercised within the same time frame by sending an e-mail toinfo@torykart.com and confirmed by registered letter to be sent within the following forty eight (48) hours;

The Products must not have been used, worn, washed or damaged;

The identification tag must still be attached to the Products with the disposable seal;

The Products must be returned, complete and unused, in their original packaging;

Returned Products must be shipped back to the TORYKART.COM with a sole despatch within 48 hour from the date of receipt of the Products.

If a customer wishes to try on the product before payment they can to do so only at the time of delivery.

Cash on delivery(COD) available only in Delhi/NCR, Kolkata, Mumbai..

Please read carefully our return policy to ensure you can proceed with your request as quick as possible.

All returns should be sent back to us in their original packaging provided.

Where provided, any designer packaging such as authenticity cards, dust bags and leather tags should be included in your return.

Footwear should be returned unmarked and in their original and undamaged packaging as this is considered part of the product.

Bikini bottoms, Briefs and swimming costumes should be tried on over underwear. Returns may not be accepted if the strip has been removed (swimming wear) or if the garment strip of any designer brands is taken off the products won’t be accepted for an exchange and may be sent back to the customer.

If your item is faulty (i.e. received damaged or manufacturing fault), we can offer alternatives such as credit note. For more information, please contact our customer care team.

You may return Products purchased from TORYKART.com, without any penalty, within ten (10) working days from the date of receipt of the Products purchased on TORYKART.com.

In the event that your return does not comply with the terms and conditions set out, you will not be entitled to any exchanges or a credit note of sums already paid to the TORYKART.COM; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to the TORYKART.COM. If you do not wish to receive the products in the conditions in which they were sent back to the TORYKART.COM, the TORYKART.COM shall be entitled to keep the products and withhold the sums already received.

All successfully returned items will be only credited by a credited note of the originally purchased sales which will be valid for 365 Days. Return of items delivered through cash on delivery will not be accepted if they are found in a worn-out condition and used. If a customer wishes to try on the product before payment they can to do so only at the time of delivery.

With exchanges, your new item(s) will be shipped to you as soon as we receive your returning package and any additional payment which is required.

If you want more information about our return process please see our Returns Policy or contact our customer care team on +91-9899 5959 85 or by email oninfo@torykart.com

COPYRIGHT AND TRADE MARKS:

All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of www.TORYKART.com, our affiliates, our partners or our licensors, and is protected by India and international copyright laws.

You agree that You are solely responsible to TORYKART.COM and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which TORYKART.COM or its affiliates or its TORYKART.COMs may suffer) for any such breach.

USE OF MATERIALS:

Except as expressly indicated to the contrary in any applicable Additional Terms, TORYKART.COM hereby grants You a non-exclusive, freely revocable (upon notice from TORYKART.COM), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;

You may not modify or alter product catalogues or any other materials available on the Website;

You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and

You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by TORYKART.COM.

Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.

Usage Conduct:

You shall solely be responsible for maintaining the necessary computer equipment’s and Internet connections that may be required to access, use and transact on the Website.

You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

TORYKART.COM shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by TORYKART.COM with our acquiring bank from time to time.

INTELLECTUAL PROPERTY RIGHTS:

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by TORYKART.COM and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of TORYKART.COM or their TORYKART.COMs or respective third parties. You are not permitted to use the Marks without the prior consent of TORYKART.COM, the TORYKART.COM or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, TORYKART.COM owns all intellectual property rights to and into the trademark “TORYKART.COM”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from TORYKART.COM or thirty party owner of such Content.

DISCLAIMER OF WARRANTIES & LIABILITY:

You expressly understand and agree that, to the maximum extent permitted by applicable law: the website, services and other materials are provided by TORYKART.COM on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, TORYKART.COM makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website, services or materials will be effective, accurate or reliable; (iii) the quality of the website, services or other materials will meet your expectations; or that (iv) any errors or defects in the website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from TORYKART.COM or through or from use of the services shall create any warranty not expressly stated in the terms of use.

Any sort of damage of the product as refund will provide you or give you the credit note on TORYKART.COM which will be valid for 365 days.

To the maximum extent permitted by applicable law, TORYKART.COM will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. TORYKART.COM also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

TORYKART.COM will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. TORYKART.COM has endeavoured to ensure that all the information on the website is correct, but TORYKART.COM neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service.

TORYKART.COM shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, TORYKART.COM shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond TORYKART.COM control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. TORYKART.COM is not responsible for any typographical error leading to an invalid coupon. TORYKART.COM accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

TORYKART.COM shall not be liable for any third party product or services. the advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.

You agree that TORYKART.COM may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless TORYKART.COM including but not limited to its affiliate TORYKART.COMs, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by TORYKART.COM that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold TORYKART.COM harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

Not withstanding anything to contrary, TORYKART.COM entire liability to you under this Terms of Use or otherwise shall be the refund of the money charged from you for any specific voucher or product or service, under which the unlikely liability arises.

In no event shall TORYKART.COM, its officers, directors, employees, partners or suppliers be liable to You, the TORYKART.COM or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not TORYKART.COM has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

VIOLATION OF THE TERMS OF USE:

You agree that TORYKART.COM may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if TORYKART.COM determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to TORYKART.COM, for which monetary damages would be inadequate, and You consent to TORYKART.COM obtaining any injunctive or equitable relief that TORYKART.COM deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TORYKART.COM may have at law or in equity.

You agree that TORYKART.COM may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.

If TORYKART.COM does take any legal action against you as a result of Your violation of these Terms of Use, TORYKART.COM will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TORYKART.COM.

TERMINATION:

The Terms of Use will continue to apply until terminated by either You or TORYKART.COM as set forth below. If You want to terminate Your agreement with TORYKART.COM, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the Services that You use, where TORYKART.COM has made this option available to You.

TORYKART.COM may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

TORYKART.COM is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);

The provision of the Services to You by TORYKART.COM is, in TORYKART.COM opinion, no longer commercially viable;

TORYKART.COM has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or

TORYKART.COM may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.

You agree that all terminations shall be made in TORYKART.COM sole discretion and that TORYKART.COM shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until TORYKART.COM chooses to terminate them.

If You or TORYKART.COM terminates Your use of the Website, TORYKART.COM may delete any content or other materials relating to Your use of the Website and TORYKART.COM will have no liability to You or any third party for doing so.

GOVERNING LAW:

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and TORYKART.COM shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and TORYKART.COM shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

REPORT ABUSE:

In the event you come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, please report to TORYKART.COM customer support.

PRIVACY POLICY:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of TORYKART.COM in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

COMMUNICATIONS:

You hereby expressly agree to receive communications by way of SMS, e-mails from TORYKART.COM relating to Services provided through the Website.

A User can unsubscribe/ opt-out from receiving communications from TORYKART.COM through SMS and e-mail anytime by:

Visiting http://www.torykart.com/ to unsubscribe from messages/ SMS; and

Newsletters sent daily at the registered email address.—by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail

GENERAL PROVISIONS:

Notice: All notices of TORYKART.COM will be served by email or by general notification on the Website. Any notice provided to TORYKART.COM pursuant to the Terms of Use should be sent to TORYKART.COM customer support.

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. TORYKART.COM rights under the Terms of Use are freely transferable by TORYKART.COM to any third parties without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

Waiver: Any failure by TORYKART.COM to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by TORYKART.COM of that provision or right.

FEEDBACK AND INFORMATION:

Any feedback You provide to this Website shall be deemed to be non-confidential. TORYKART.COM shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) TORYKART.COM is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) TORYKART.COM may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from TORYKART.COM for the feedback under any circumstances. You can write your feedback and mail to us oninfo@torykart.com.

TORYKART.com’s Commitment:

TORYKART.com brings the finest of luxury brands to your abode, a specialised curation of luxury high fashion is our strength. We promise to never compromise on the quality of our merchandise or service; your satisfaction is, and will always be, the ultimate goal.